Search Results

1. Derringer Trust v Upton [pdf, 19 KB]

   ...respondents as part of a mediation settlement on 30 April 2008. [2] Those respondents seek to recover a proportion of the amount of the settlement from the seventh and eighth respondents (Caddick). They allege that Caddick owed them a duty of care. The duty was to ensure that the cladding and plastering work would be carried out in a manner and with materials that complied with the plans and specifications, the building consent, the building code and generally accepted building s...

2. Auckland Standards Committee 1 v Tregenza [2016] NZLCDT 31 [pdf, 132 KB]

   ...PENALTY [1] The respondent was originally charged with misconduct under s 241(a) of the Lawyers and Conveyancers Act 2006 (Act) and within the meaning of s 7 (1)(a)(i) and/or 7(1)(a)(ii) of the Act and Rule 11.1 Lawyers Conduct and Client Care Rules 2008. The charge was dated 9 March 2016. [2] The particulars of the charge were: (a) On 4 September 2015 the practitioner received from Frost and Sutcliffe Barristers and Solicitors an authority to uplift the file of Lemapu O...

3. GT v TK LCRO 06 / 2011 (20 January 2012) [pdf, 53 KB]

   ...Determination dated 18 November 2010 clarified the Applicant’s complaints as follows: 3 [a] The Practitioner acted against the Applicant, he being a client or former client of his practice (Rule 8.7.1 of the Lawyers:Conduct and Client Care Rules 2008 [the Rules]); and [b] The Practitioner acted in a situation of conflict (Rule 6.1) [11] The Committee set out the factual background, applied the relevant rules to the facts and then considered each complaint thoroughly. Afte...

4. BORA New Plymouth District Council (Waitara Lands) Bill [pdf, 131 KB]

   ...psychological disability or impairment and physical or psychiatric illness, among other characteristics. 8. Clause 4(1)(d) of Schedule 2 in the Bill states that a vacancy occurs on the Board if a member has an order made under ss 10, 11, 12 or 31 of the Protection of Personal and Property Rights Act 1988 (‘the PPPR Act’) which reflects adversely on their competence to manage their own affairs in relation to their property or their capacity to make or communicate a decision relating t...

5. 30-June-Legal-Aid-News.pdf [pdf, 596 KB]

   ...fee schedules between 21 November to 19 December 2015. New fees have been added to the Children & Young Persons fixed fee schedule to accommodate:  a new type of guardianship order (special guardianship) for children leaving state funded care  a new care and protection ground for where the child's parent has previously had a child or young person removed due to abuse or neglect (Subsequent Children)  a new ability for the Chief Executive of the Ministry of Social D...

6. MOJ0563C Making arrangements for your children/Getting on as separated parents [pdf, 311 KB]

   ...arrangements include a regular time (6-monthly or yearly) to get together and make changes. Going to the Family Court should be a last resort • Children cope more easily with separation when they see their parents deciding together how they’ll be cared for. • The costs, delays and conflict often involved in going to court can be stressful for everyone. You lose control of the outcome by going to court. You hand over the decision-making to a judge and you may end up with a deci...

7. Maori Land Court Recusal Guidelines [pdf, 226 KB]

   ...will also need to consider connections through whakapapa. If judges have any concerns or doubts, they should discuss them with the Chief Judge. Although appearances by family members as counsel are not common, judges should be particularly careful if that situation arises. In a contested case, they should take timely steps to ensure that the other party has full knowledge of the situation, and the opportunity to make submissions on any question of recusal. Most judges will...

8. BORA Resource Management (Enhancement of Iwi Management Plans) Amendment Bill [pdf, 314 KB]

   ...concerned are bound by certain requirements and these include particular sensitivity to Maori issues. By s 6, in achieving the purpose of the Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall recognise and provide for various matters of national importance, including "(e) The relationship of Maori and their culture and traditions with their ancestral lands, water, sites, w...

9. [2024] NZEmpC 45 MAH Enterprises (Fiji) Ltd v A Labour Inspector [pdf, 173 KB]

   ...permitted to withdraw as representative.8 These steps have been taken. [4] The Court must be satisfied that an adequate basis has been established before making an order. That is to ensure that the rights of the affected party are adequately protected and reflects counsel’s obligations as an officer of the Court.9 As the Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 provide, a lawyer has a duty to complete a retainer unless the client discharges th...

10. MOJ0563C_APR22_WEB.pdf [pdf, 89 KB]

    ...arrangements include a regular time (6-monthly or yearly) to get together and make changes. Going to the Family Court should be a last resort • Children cope more easily with separation when they see their parents deciding together how they’ll be cared for. • The costs, delays and conflict often involved in going to court can be stressful for everyone. You lose control of the outcome by going to court. You hand over the decision-making to a judge and you may end up with a deci...